Planning Officer Report Recommendation

Application No.: 09/00955/B Applicant: Department Of Transport Proposal: Extension to working area of existing quarry Site Address: Stoney Mountain Quarry Stoney Mountain Road Eairy Isle Of Man IM4 3HJ ### Considerations Case Officer : Miss S E Corlett Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee : Highways Division Notes: do not oppose. Consultee : Malew Parish Commissioners Notes: Do not object. Consultee : Waste Operations Manager Notes: Waste matters memo sent 09.06.09 PT

Officer's Report

The Site

The site represents the extent of Stoney Mountain Quarry, situated on the southern side of Stoney Mountain Road which leads from the Tosaby Road (B36) to the site, to the south of the A24 highway which runs from the Braaid to Foxdale. The quarry extends to approximately 400 m by 400 m and has to the west, north and south Stoney Mountain Plantation. The quarry produces crushed rock aggregate, building stone and armour stone for coastal protection work from the Foxdale granite deposits on site. Access to the site is from the Stoney Mountain Road.

Planning Status

The site is designated as an Area for Surface Mineral Working on the Isle of Man Planning Scheme (Development Plan) Order 1982.

Planning History

The following applications have been considered in respect of this site:

PA 84/00882/A - Approval in principle to removal of existing plant and erection of buildings and plant for the purification of quartz, Renshent Quarry, Malew Status - Permitted 1st January 1994 PA 91/00986/B - Installation of a weighbridge, Stoney Mountain Quarry, Foxdale, Malew. Status - Permitted 1st January 1994

PA 92/01380/B - Extension of existing quarry, Stoney Mountain Quarry, Malew. Status - Permitted 1st January 1994

PA 03/01867/C - Continued operation of quarry for a further five years Status - Permitted 10th May 2004

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. The approval is for a period of 5 years only from the date of commencement.
3. This approval relates to the following information, submitted as part of the application and date stamped 8th December 2003: WK/2218/S6, WK/2218/S10, WK/2218/S11, Statement of Case and Tree Statement.
4. All access to the quarry extension area for the purposes of stripping overburden and excavation must be taken from haul roads within the quarry.
5. The master plan for the after use of the whole quarry area must be agreed with the Department of Agriculture, Fisheries and Forestry and Department of Local Government and the Environment and submitted to the Planning Committee within 5 years of the date of the approval of this application.
6. Adequate provision must be made for the drainage of the site and there must be no pollution of adjacent watercourses, the Committee reserve the right to monitor the effect of the excavation in creating additional surface water and the effectiveness of the existing drainage system and to request additional works if necessary to cope with any problems arising.
7. The working hours of the operations on the site shall be restricted to Monday - Friday 0800 1700, Saturday 0800 - 1200. The site shall not be operated on Sundays and Bank or Public Holidays. For the purpose of this condition, operations include drilling, blasting, movement, crushing and screening of rock and grading of overburden.
8. There shall be no tipping of materials generated from outwith the site.
9. A separate planning application must be made for any new building, fixed plant and equipment.
10. No advertising matter of any description shall be exhibited at the site without the PRIOR written permission of the Committee.

PA 08/01638/C - One year extension to existing planning permission (03/01867/C) Status - Permitted 13th October 2008

1. This permission relates to the amendment of condition 2 of the decision issued in respect of PA 03/1867 insofar as work in accordance with the terms of that permission may continue until 31st May, 2010.

PA 09/00970/LAW - Certificate of Lawfulness for storage and processing of inert waste Status - Pending Consideration

THE PROPOSAL Proposed is the regularisation of quarrying which has been undertaken on the site. The area in question lies at the western edge of the site and at its widest is 30 m deep, extending the quarry towards the edge of the plantation. Some of the area has actually been stripped of vegetation and excavation carried out and the remaining land is still treed in places. The lease and planning permission issued relates to an area which excludes this strip and this application seeks to regularise this and authorise continued excavation within the area.

Representations

Malew Parish Commissioners and Department of Transport Highways and Traffic Division indicate that they do not object to the application

Assessment

Mineral Policy 1 states: Development involving the winning and working of minerals will be permitted only where it is demonstrated that there is a need for the minerals which cannot be met through the provision of secondary aggregates. Applicants will be required to demonstrate also that: a) there would be no unacceptable adverse effect on local residents in terms of visual amenity, dust, noise, or vibration as a result of the on site operation itself (including development, maintenance and restoration) or the traffic generated thereby; b) there would be no unacceptable adverse effect on: i) landscapes and geology/geomorphology features of special interest or attraction; ii) Ancient Monuments or their setting; iii) Registered Buildings or their settings; iv) the character and appearance of Conservation Areas; v) sites of archaeological interest; vi) sites containing species or habitats of international, national and local importance; vii) land drainage and water resources; and viii) designated National Heritage Areas; c) the proposal is acceptable in terms of access arrangements and highway safety; d) working will be in accordance with a phased scheme of restoration and landscaping; and that e) the proposal does not sterilize [sic] other significant mineral deposits.

Exceptionally, national need for a particular mineral may warrant setting aside one of more of these constraints".

The area to be quarried is modest in any terms and particularly so in respect of the size and extent of the existing quarry. Due to the size of the area concerned and the fact that the access, noise, impact on archaeology and local residents are largely unchanged from the impact of the existing quarry, the applicant was advised that an Environmental Impact Assessment would not be necessary in this case.

The lease for the quarrying is held by Department of Transport and issued from Department of Agriculture, Fisheries and Forestry who own the land and the land in the immediate vicinity. There are no objections to the regularisation nor concerns raised previously regarding the land which is now proposed to be incorporated into the area for authorised quarrying. Due to the presence of the existing quarrying operation and the relative scale of the proposed extension, the only issues which may arise in respect of this modest extension are the destruction of features which lie within the proposed area and there is no evidence from Manx National Heritage or Department of Agriculture, Fisheries and Forestry that the archaeology or ecology of this area is such as to justify refusal of the application.

As such, the proposal is considered to be acceptable.

The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 08.07.2009

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1.

This permission relates to the regularisation of the quarrying works which have been carried out in respect of the site and the working of this area in conjunction with the operation of the main quarry identified in red in the plan submitted on 29th May, 2009 and subject to the terms and conditions applied in respect of PA 03/1867 and as superseded by PA 08/1638.

I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made : Permitted Date : Signed : Senior Planning Officer